Tier 2 Sponsor. Appropriate Employer

[hassan5805]

Hi everyone, I need your guidance it's regarding my friend she was here on Tier 2 and married now become pregnant but her employer given her notice regarding termination letter once she told regarding pregnancy. This is really do immigrants doesn't have life. In this situation she can't get other job. Guys any suggestion what's her option. Thanks

[CR001]

If that was the reason for terminating her, then it is discrimination and she should contact ACAS.

[Frontier Mole]

And ACAS will do zero..... unfortunately a Sponsor can withdraw sponsorship at any time regardless of normal employment law and there is nothing ACAS or an employment tribunal can do to force a business to employ or re-employ an individual forced out because they do not have the right to work. Even if it was the employer that caused the loss of right to work.

[hassan5805]

If that was the reason for terminating her, then it is discrimination and she should contact ACAS.

I know but what kind of world we living in. On the letter he not mentioned pregnancy but only stated business loss and I can't afford but not fired any other employee .dont know what's gona happen

[hassan5805]

And ACAS will do zero..... unfortunately a Sponsor can withdraw sponsorship at any time regardless of normal employment law and there is nothing ACAS or an employment tribunal can do to force a business to employ or re-employ an individual forced out because they do not have the right to work. Even if it was the employer that caused the loss of right to work.

Any option ? Does she have? Any suggestion and help obviously she won't get another job baby due in 3 month. Pls help

[hassan5805]

If that was the reason for terminating her, then it is discrimination and she should contact ACAS.

Can you let me know one thing if possible. If someone on maternity leave how long home office allow to take time off? So they can get ilr after 5 years or any problem will occur at time of ILR

[CR001]

Without a sponsor, it is irrelevant how long maternity leave she takes (which is not an HO decision, but an employer). She won't qualify for ILR without a sponsor.

If she has not sponsor and her visa is cancelled, she also does not qualify for free NHS.

[hassan5805]

Without a sponsor, it is irrelevant how long maternity leave she takes (which is not an HO decision, but an employer). She won't qualify for ILR without a sponsor.

If she has not sponsor and her visa is cancelled, she also does not qualify for free NHS.

Ok thanks for your reply. Why I am asking so she look for other jobs. What about unfair dismissal she worked 3 years there

[CR001]

You should take note of what FrontierMole posted.

She has time to leave the UK if she is only 6 months pregnant.

[hassan5805]

You should take note of what FrontierMole posted.

She has time to leave the UK if she is only 6 months pregnant.

What if she finds another job? And they agree. To give 3 months maternity? Thanks

[Frontier Mole]

The other issue is that employer has to terminate tier 2 staff in advance of UK/EEA staff.
Being with the employer three years will get you the absolute minimum redundancy package in any event.
I don't doubt the the employer decision to terminate your employment because of your pregnancy however you are going to struggle to prove the position and even if you do the possible return will be minimal.

[Frontier Mole]

You are not going to readily find another Sponsor that will entertain that scenario.

[hassan5805]

You are not going to readily find another Sponsor that will entertain that scenario.

Ok but can we not complain to home office regarding this injustice, they hire another 3 male staff on tier 2 but they not issue notices to them. Can home do something in this regard at least take action so he doesn't treat anyone like this in future. Employer mentioned her when she was getting marry that don't have baby until your visa expire.

[Frontier Mole]

Home Office does not deal with employment issues nor how the Sponsor treats staff unless it does not meet their Sponsor duties.
It is the same scenario when an employer refuses to increase salary to meet COS or ILR requirements.

Tier 2 employees are very much secondary emplees in the scale of things.

[rubyracer2]

She may qualify for Statutory Maternity Pay (39 weeks) if she has crossed the qualifying week - 15 weeks before due date.

She also has to be working for the employer at least 26 weeks before the qualifying week and earning at least £112 per week in the 8 weeks before qualifying week